Showing Posts In "Canada" Category





New Rules on Police Record Checks in Ontario

Under the Police Record Checks Reform Act 2015, which came into force November 1, 2018, there are three types of record checks: criminal record checks, criminal record and judicial matters checks, and vulnerable sector checks. The criminal record check pulls criminal convictions that have not been pardoned and findings of guilt under the federal Youth […]


Canada: Cannabis in the Workplace: “If the Employer Cannot Measure Impairment, It Cannot Manage Risk”

Employers are facing new challenges with current drug testing policies thanks to the legalization of recreational cannabis. But the Supreme Court of Newfoundland and Labrador in the case of International Brotherhood of Electrical Workers, Local 1620 v Lower Churchill Transmission Construction Employers’ Association Inc., 2019 NLSC 48, held that the inability to measure residual impairment […]


How to Implement Zero Tolerance for Cannabis at Work

With cannabis being legal recreationally in Canada, employers are faced with considering how to defend a zero-tolerance approach to the drug’s use when accurate testing is impossible. The only way to do so, according to Horizon Occupational Health Solutions, is to “demonstrate how the detection of THC could result in impairments that would directly affect […]


Ontario, Canada: Employers Can Provide Candid Job References

The Supreme Court of Canada (SCC) recently declined to review a lower court’s finding that a plaintiff failed to prove her former manager defamed her by giving her a negative reference that led to revocation of a job offer. The lower court found that the manager in the case was protected because his remarks were […]


CONSULTATION ON TRANSBORDER DATAFLOWS

The Office of the Privacy Commissioner of Canada (OPC) is revisiting its policy position on transborder data flows under the Personal Information Protection and Electronic Documents Act (PIPEDA). This includes not only cross border data transfers between controllers and processors, but also other cross border disclosures of personal information between organizations. The OPC is committed […]


IS DATA RESIDENCY COMING TO CANADA? THE OPC SIGNALS A MAJOR CHANGE TO ITS POLICY POSITION ON TRANSBORDER DATAFLOWS

The Office of the Privacy Commissioner of Canada has initiated a consultation on transborder dataflows under the Personal Information Protection and Electronic Documents Act. The Consultation comes 10 years after the OPC published its original “Guidelines for Processing Personal Data Across Borders” and shows a significant shift from its earlier position, with the OPC revising […]


MARIJUANA AND THE WORKPLACE: THE MAIN MISCONCEPTIONS LAID BARE

The past couple of years have been ones of monumental change in the Canadian employment landscape. From minimum wage hikes to legislative changes – new rules have shaped our workplaces, including the legalization of marijuana. How will it affect Canadian companies? One organization dedicated to changing this is Workplace Safety & Prevention Services and Larry […]


UNDERSTANDING THE DIFFERENCES IN CANADA CRIMINAL RECORD SEARCHES

Accurate Background’s International has compiled a “cheat sheet” for understanding the different levels of crimes reported in Canada as well as the types of criminal background checks available within the country. It includes information on how crimes in Canada are classified – such as Indictable Offenses, Summary Conviction Offenses, Hybrid Offenses and Non-reportable convictions. It […]


‘Can I Be Honest?’ Canadian Courts Affirm Qualified Privilege Defence to Defamatory Employment 

Provided that comments are honestly held and are not motivated by malice, the recent Supreme Court of Canada decision in Kanak v. Riggin (“Kanak”) has affirmed for employers that negative references about current or former employees will generally be protected from liability for defamation. Ms. Kanak sued her former supervisor after he provided a negative […]


The 5 Hottest Human Resources Questions About Cannabis

The holidays bring lots of holiday joy – and some holiday headaches for human resources professionals and employers. And this year’s legalization of recreational cannabis use is fuelling lots of HR questions. The hottest one of the season: do employers that offer alcohol at holiday work parties also have to offer cannabis? Here’s the answer to […]




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